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United States District Court for the Northern District of West Virginia, Elkins Division
August 3, 1982
Civ. A. No. 81-0056-E
Plaintiff's Glen Dale, West Virginia, plant engages in the manufacturing of galvanized conduit, galvanized strip steel, and electroplated, thin wall pipe. This civil action was filed March 16, 1981, following an unauthorized work stoppage, allegedly in violation of a "no strike" clause in a collective bargaining agreement. Although that particular production disruption ceased with employees returning to work on or about March 15, Plaintiff seeks prospective injunctive relief, and so the matter has remained on the docket of the Court for the development of the issues raised by the parties.
Specifically, Plaintiff seeks an injunction broadly prohibiting strikes that involve all future arbitrable grievances. A hearing was held and the parties have submitted memoranda on the issue of whether the Court is empowered to grant prospective relief such as is sought by Plaintiff.
The issues leading to the March, 1981, work stoppage appear to be:
(1) Absentee warnings issued [**2] to employees when such employees believed they had a right to personal leave days.
(2) Overtime scheduling problems, particularly on weekends.
(3) Problems with processing retirement benefits for certain workers.
(4) "Pyramiding" of work in the cable department.
(5) Failure of management to send the union manager safety reports.
(6) General harassment by supervisors.
Although the present collective bargaining agreement between Plaintiff and Defendant has only been in effect since June, 1980, Plaintiff cites five previous production disruptions to show Union disregard of a "no strike" clause in the contract. The dates and issues involved are:
(1) February, 1976-work assignments.
(2) April, 1977-manning requirements.
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
543 F. Supp. 1068 *; 1982 U.S. Dist. LEXIS 9611 **; 99 Lab. Cas. (CCH) P10,698
TRIANGLE-PWC, INC., a subsidiary of Triangle Industries, Inc., a corporation of the State of Delaware, Plaintiff, v. LOCAL UNION 1051 OF the INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, an unincorporated association; Arvil Gorby, President of said Local Union; Glenn S. Goddard, Vice President of said Local Union; Frank Crow, Jr., Business Manager of said Local Union; Charles S. Meyers, Secretary of said Local Union; and Floyd D. Thomas, Shop Steward of said Local Union, Defendants
injunction, work stoppage, prospective relief, strikes, arbitrable, bargaining agreement